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Cet article est disponible uniquement dans sa langue originale: anglais What should an estate trustee do if the estate has more debts than assets? Can the estate trustee be liable for the debts of the estate? You’ve recently been named or appointed an estate trustee, and every article you read on administering estates tells you… En savoir plus »

We have often heard the quote from Benjamin Franklin that ‘In this world, nothing can be said to be certain except death and taxes’, and in the 21st Century that statement remains true. When a person dies, depending on the value of their assets before death, the deceased’s estate may have to pay estate administration tax, formerly known as ‘probate fees’. The estate administration tax is charged on the total value of the deceased’s estate.

Recent newspaper and magazine articles have reported that a surprisingly high percentage of Canadians do not have Wills. In my opinion, not having a Will is not a good idea. You owe it to your heirs to create some sort of pathway or guide to what you want to do with your assets. It will make finalizing your affairs following your death much easier for your family.

Since February, federal public service employees have been suffering a huge range of payroll problems as a result of the Federal Government switching to the new Phoenix payroll system. These payroll aberrations have put many employees in desperate situations. Unfortunately, these problems are neither new nor unique. Previous case law on these issues indicates that the Federal Government could face serious repercussions as a result of the Phoenix mess.

Mitigation can be difficult, especially if this is the first time a client is going through the process, whether it be an employee or an employer. Even once your client understands the concept, it can be hard for them to maintain mitigation, as it is an ongoing issue until the claim is resolved.

When talking about your estate plan, the same questions always come up: What are you going to do with your cottage? To whom will you leave the contents of your bank account? Who will inherit your family heirlooms? However, over the years, technology has allowed us to acquire a whole new category of assets we can see, but not touch. The key to accessing many of these assets is to first locate any electronic devices that may contain digital assets. Once an estate trustee gains access to a device, they can begin to uncover a deceased’s digital assets.

Powers of attorney should be straightforward and useful documents. The problem lies, however, in the details of the document and the vagaries of human nature. The more complex and sometimes vague the document, the more issues can arise.